Sacramento Immigration Attorney Assad Hafeez Summarizes Immigration Court Cases (August to October 2018) Watch Now:
Cases discussed (many include YouTube videos):
US v. Fomichev, 16-50227 (9th Cir. 8/8/2018). False statements on immigration documents, Marital Privilege and evidence, Motions to Suppress. See the actual oral argument of this case here, on YouTube!
Rodriguez v. Swartz, 15-16410 (9th Cir. 8/7/2018). US CBP officer shoots and kills Mexican. Claims qualified immunity to stop civil suit of the mother, mother sues for damages, Ninth Circuit allows civil case to proceed.
Acre v. US, 16-56706 (9th Cir. 8/9/2018). Fed Tort Claims Act (FTCA) claim proceeds against federal officers that wrongfully deported an individual.
Jaen v. Sessions, 17-1512 (2nd Cir. 8/13/2018). Panamanian man convicted of drug charges however in immigration court, he was not removable because he proved that he was a US Citizen.
Askins v. US DHS, 16-55719 (9th Cir. 8/14/2018). 1st amendment claim against the CBP proceeds, agents tried to confiscate photos taken at a Port of Entry, causing this civil constitutional law case. Watch the argument of this case on YouTube!
Lanuza v. Love, 15-35408 (9th Cir. 8/14/2018). Bivens claim against officer for forging a document which resulted in denying a green card holder in removal proceedings from specific remedies, Bivens claim was permitted to proceed against the officer that forged. Watch a YouTube video of the actual attorneys debate this case before the Ninth Circuit Court of Appeals!
Sihotang v. Sessions, 17-2183 (1st Cir. 8/15/2018). Material change in country conditions allowed reopening removal case for a finding of asylum due to persecution on account of the man’s religious beliefs.
Bianca M v. Superior Court (Gladys M), BF052072 (CA Supreme Court 8/16/2018 CA). Special Immigrant Juvenile Findings clarified in the Ninth Circuit and California, Courts do not require to join the abusive parent to the action in family court, doesn’t require pending immigration or family case.
Quiroz Prada v. Sessions, 13-73967 (9th Cir. 8/29/2018). Green card holder was eligible for asylum and withholding of removal, sent back to reconsider CAT claim, man from El Salvador was under threat of a paramilitary group. Watch attorneys argue this case to the Ninth Circuit Court of Appeal on YouTube video here!
US v. Garcia-Lopez, 15-50366 (9th Cir. 9/7/2018). Based on Sessions v. Dimaya ruling under the US Supreme Court, Ninth Circuit allowed man to withdraw guilty plea to a charge of illegal reentry. Vacated and remanded previous rulings according with this ruling.
Khalid v. Sessions, 16-3480-ag (2nd Cir. 9/13/2018). Cannot be removed although was under terrorism charges, because he showed that he was a US Citizen in removal proceedings.
Sanchez v. Sessions, 14-71768 (9th Cir. 9/19/2018). Seized because of his Latino appearance, the evidence was not admissible, remanded and noted violation was so egregious, to decide if it warrants a termination of proceeding without prejudice. Mexican man was stopped by the Coast Guard. Relevant to motions to suppress. Watch attorneys argue this case in front of the Ninth Circuit Court of Appeals on YouTube here!